Agenda item

Councillor Beauchamp asked for legal advice in that he had considered this application as part of the DMC consultation on 30^th April.

 

Legal Advisor, Nargis Sultan, gave the view that there was no prejudice in Councillor Beauchamp taking part in the meeting in light of new evidence.

 

The Case Officer, Heather Edey, introduced the report to Members and said that the application had been referred to the Committee as it had been called in by Cllr Pringle.

 

Michela Capozzi and Daniel Walker spoke in objection to the application.

 

Councillor Lara Pringle spoke in objection to the application.

 

Jonathan Tucker and Brian Kelly spoke in support of the application.

 

It was proposed by Councillor Durrant and seconded by Councillor G Sutton to GRANT the application in line with the officer recommendation.

 

Vote:

 

For: 8                          Against: 3                    Abstained: 1      

 

Resolved: That planning permission be GRANTED subject to the conditions below.

 

Conditions and Reasons:

 

 1.        The development hereby permitted shall begin before the expiration of three years from the date of this permission.

 

            Reason:  To comply with the requirements of Section 91 (1) of the Town and Country Planning Act 1990, as amended by Section 51 (1) of the Planning and Compulsory Purchase Act 2004.

 

 2.        Contaminated Land Condition 1:

 

            (a) No development approved by this permission shall be commenced prior to the submission to, and agreement of the Local Planning Authority of a written preliminary environmental risk assessment (Phase I) report containing a Conceptual Site Model that indicates sources, pathways and receptors. It should identify the current and past land uses of this site (and adjacent sites) with view to determining the presence of contamination likely to be harmful to human health and the built and natural environment.

 

            (b) If the Local Planning Authority is of the opinion that the report which discharges condition (a), above, indicates a reasonable likelihood of harmful contamination then no development approved by this permission shall be commenced until a Site Investigation (Phase II environmental risk assessment) report has been submitted to and approved by the Local Planning Authority which includes:

 

            (i) A full identification of the location and concentration of all pollutants on this site and the presence of relevant receptors, and;

 

            (ii) The results from the application of an appropriate risk assessment methodology.

 

            (c) No development approved by this permission (other than that necessary for the discharge of this condition) shall be commenced until a Remediation Method Statement report; if required as a result of (b), above; has been submitted to and approved by the Local Planning Authority.

 

            (d) This site shall not be occupied, or brought into use, until:

 

            (i) All works which form part of the Remediation Method Statement report pursuant to the discharge of condition (c) above have been fully completed and if required a formal agreement is submitted that commits to ongoing monitoring and/or maintenance of the remediation scheme.

 

            (ii) A Remediation Verification Report confirming that the site is suitable for use has been submitted to, and agreed by, the Local Planning Authority.

 

            Reason: To ensure that the issue of contamination is adequately addressed and to ensure a satisfactory development, in accordance with Policy CS32 of the Core Strategy (2013).

 

 3.        Contaminated Land Condition 2:

 

            Any contamination, other than that reported by virtue of Condition 1 encountered during the development of this site shall be brought to the attention of the Local Planning Authority as soon as practically possible; a scheme to render this contamination harmless shall be submitted to and agreed by, the Local Planning Authority and subsequently fully implemented prior to the occupation of this site. Works shall be temporarily suspended, unless otherwise agreed in writing during this process because the safe development and secure occupancy of the site lies with the developer.

 

            Reason: To ensure that the issue of contamination is adequately addressed and to ensure a satisfactory development, in accordance with Policy CS32 of the Core Strategy (2013).

 

 4.        Before the premises are occupied all on site vehicular areas shall be surfaced in a manner to the Local Planning Authority's approval so as to ensure satisfactory parking of vehicles outside highway limits. Arrangements shall be made for surface water from the site to be intercepted and disposed of separately so that it does not discharge into the highway.

 

            Reason: In order to minimise danger, obstruction, and inconvenience to users of the highway and of the premises.

 

 5.        The proposed car parking spaces shall have measurements of 2.4m x 4.8m (minimum). Such spaces shall be maintained as a permanent ancillary to the development and shall be paved and used for no other purpose.

 

            Reason: In the interest of highway safety, in accordance with Policies CS8 and CS12 of the Dacorum Core Strategy (2013) and Saved Appendix 5 of the Dacorum Local Plan (2004).

 

 6.        Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order amending or re-enacting that Order with or without modification) no development falling within the following classes of the Order shall be carried out without the prior written approval of the local planning authority: Schedule 2, Part 1, Classes A, B, and E; Part 2, Classes A, B and C.

 

            Reason: To enable the local planning authority to retain control over the development in the interests of safeguarding the character of the area, in accordance with Policy CS12 of the Dacorum Core Strategy (2013).

 

 7.        The development hereby permitted shall be carried out in accordance with the following approved plans/documents:

 

            PL-05 Rev A3

            PL-06 Rev A3

            Policy CS29 Checklist

            PL-02 Rev A

            PL-08 Rev A3

            PL-04 Rev A3

            PL-07 Rev A3

            19090-DA01

            PL-01 Rev A3

            PL-09 Rev A3

            PL-07 Rev A3

            2223-001

            2223-002

 

            Reason:  For the avoidance of doubt and in the interests of proper planning.

 

8.     The dwelling hereby permitted shall not be occupied until details for a raised table/rumble strip to be positioned at the mouth of the site in front of the highway have been submitted to and approved by the Local Planning Authority. The raised table/rumble strip shall then be fully constructed in accordance with the approved details prior to the first occupation of the dwelling hereby permitted.

Reason: In the interests of highway safety, in accordance with Policies CS8 and CS12 of the Core Strategy (2013) and Saved Appendix 5 of the Local Plan (2004).

 

9.     The dwelling hereby permitted shall not be occupied until the turning head in front of 5 Tring Road, as shown on Drawing PL-02 Rev A, has been provided. The turning head shall thereafter be clear of vehicles and remain permanently available for use as a turning head, and shall not be used for any other purpose.

Reason: To ensure that adequate and satisfactory provision of off-street vehicle parking facilities in accordance with Policies CS8 and CS12 of the Core Strategy (2013) and the NPPF (2019).

Informatives:

 

 1.        Planning permission has been granted for this proposal. Discussion with the applicant to seek an acceptable solution was not necessary in this instance. The Council has therefore acted pro-actively in line with the requirements of the Framework (paragraph 38) and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2015.

 

 2.        ENVIRONMENTAL HEALTH INFORMATIVES:

 

            Construction Hours of Working - (Plant & Machinery) Informative

            In accordance with the councils adopted criteria, all noisy works associated with site demolition, site preparation and construction works shall be limited to the following hours: 0730hrs to 1730hrs on Monday to Friday, 08:00 - 13:00 Saturday and no works are permitted at any time on Sundays or bank holidays.

 

            Construction Dust Informative

 

            Dust from operations on the site should be minimised by spraying with water or by carrying out of other such works that may be necessary to suppress dust. Visual monitoring of dust is to be carried out continuously and Best Practical Means (BPM) should be used at all times. The applicant is advised to consider the control of dust and emissions from construction and demolition Best Practice Guidance, produced in partnership by the Greater London Authority and London Councils.

 

            Noise on Construction/Demolition Sites Informative

 

            The attention of the applicant is drawn to the Control of Pollution Act 1974 relating to the control of noise on construction and demolition sites.

 

 3.        CONTAMINATED LAND INFORMATIVE:

 

            Informative:

 

            The above conditions are considered to be in line with paragraphs 170 (e) & (f) and 178 and 179 of the NPPF 2019.

 

            The Environmental Health Team has a web-page that aims to provide advice to potential developers, which includes a copy of a Planning Advice Note on "Development on Potentially Contaminated Land and/or for a Sensitive Land Use" in use across Hertfordshire and Bedfordshire. This can be found on www.dacorum.gov.uk by searching for contaminated land and I would be grateful if this fact could be passed on to the developers.

 

 4.        HIGHWAY INFORMATIVES:

 

            1. The Highway Authority requires the alterations to or the construction of the vehicle crossovers to be undertaken such that the works are carried out to their specification and by a contractor who is authorised to work in the public highway. If any of the works associated with the construction of the access affects or requires the removal and/or the relocation of any equipment, apparatus or structures (e.g. street name plates, bus stop signs or shelters, statutory authority equipment etc.), the applicant will be required to bear the cost of such removal or alteration. Before works commence the applicant will need to apply to the Highway Authority to obtain their permission and requirements. The applicant may need to apply to Highways (Telephone 0300 1234047) to arrange this, or use link:- https://www.hertfordshire.gov.uk/droppedkerbs/

 

            2. Obstruction of public highway land: It is an offence under section 137 of the Highways Act 1980 for any person, without lawful authority or excuse, in any way to wilfully obstruct the free passage along a highway or public right of way. If this development is likely to result in the public highway or public right of way network becoming routinely blocked (fully or partly) the applicant must contact the Highway Authority to obtain their permission and requirements before construction works commence. Further information is available via the website: http://www.hertfordshire.gov.uk/services/transtreets/highways/ or by telephoning 0300 1234047.

 

            3. Road Deposits: It is an offence under section 148 of the Highways Act 1980 to deposit mud or other debris on the public highway, and section 149 of the same Act gives the Highway Authority powers to remove such material at the expense of the party responsible. Therefore, best practical means shall be taken at all times to ensure that all vehicles leaving the site during construction of the development are in a condition such as not to emit dust or deposit mud, slurry or other debris on the highway. Further information is available via the website http://www.hertfordshire.gov.uk/services/transtreets/highways/ or by telephoning 0300 1234047

 

4. Section 278 Agreement: The proposal includes works to the Highway verge to widen the existing driveway. The applicant is required to enter into a Section 278 agreement for this work. This will ensure that all work undertaken on the highway is constructed to the Highway Authority’s current specification to an appropriate standard and by a contractor who is authorised to work on the public highway. In accordance with Hertfordshire County Council publication, ‘Roads in Hertfordshire – A Guide for New Developments’, a Section 278 agreement will be required before any such works are undertaken.